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1. The defendant shall pay to the plaintiff KRW 22,220,453 and KRW 17,809,90 among them, from May 19, 2018 to the day of full payment.
Reasons
1. On August 5, 2015, the Defendant, in collusion with F, etc., obtained identification cards from elderly persons, mentally handicapped persons, etc. and obtained a credit card and used them to withdraw cash services, or use them for loan, acquired another person’s credit card, acquired goods using another person’s credit card, acquired a loan, withdrawn a cash, or stolen by withdrawing cash, and the judgment became final and conclusive (Seoul Central District Court Decision 2015No3233 and Supreme Court Decision 2016Do302) on the charges that the Defendant was guilty on August 5, 2015 (Seoul Central District Court Decision 2015No323, Supreme Court Decision 2016Do302). On June 16, 2016, the judgment became final and conclusive upon conviction in Seoul Central District Court Decision 2015Da6933 Decided June 16, 2016.
(Reasons for Recognition) written evidence Nos. 1 and 2 of Seoul Central District Court 2016No229 / [Grounds for Recognition], each of which is significant to this Court, and the purport of the entire pleadings.
2. The gist of the Plaintiff’s assertion is as follows: (a) the Defendant gathered with F and G, H, I, J, K, L, M, M,O, P, Q, and R by stealing the name; (b) entered the Plaintiff’s resident registration number of the nominal owner on the Internet; and (c) obtained a credit card from the Plaintiff who did not know of the application for the issuance of the credit card and used it unlawfully; (c) the Plaintiff suffered damages in total of KRW 11,140,859, including the principal amount unlawfully used, fees, late-payment charges, and legal expenses.
Therefore, the Defendant shall pay damages for delay calculated by the rate of 24% per annum, which is the interest rate in arrears determined by the Plaintiff from May 19, 2018 to the date of full payment, to the date of full payment, to KRW 53,920,159 and KRW 42,79,300 among the damages to the Plaintiff.
3. Determination
A. As to the Plaintiff’s assertion, the Defendant asserted that the issuance and fraudulent use of credit cards by G, H, I, J, K, K, P, and Q did not comply with the Defendant’s participation, but the Defendant did not participate in the crime, such as the issuance and fraudulent use of credit cards in the case of other L, M, N,O, and R.
(b).